58 Chapter 5
ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRAN-
TIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, SHALL BE STRICTLY LIMITED IN DURATION TO THAT
OF THE EXPRESS WARRANTY SET FORTH ABOVE, THAT IS, ONE
YEAR FROM THE DATE OF ORIGINAL RETAIL PURCHASE.
THE WARRANTY AND REMEDY SET FORTH ABOVE ARE THE
EXCLUSIVE REMEDY OF THE RETAIL BUYER AND END USER IN
CONNECTION WITH THE MANUFACTURE, SALE, OR USE OF THE
HARDWARE PRODUCTS AND ARE IN LIEU OF ANY AND ALL
OTHER WARRANTIES OR REMEDIES, WRITTEN OR ORAL,
EXPRESS OR IMPLIED. NO FRANKLIN DEALER, AGENT, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY ADDITIONAL WAR-
RANTY IN THIS REGARD OR TO MAKE ANY MODIFICATION OR
EXTENSION OF THIS EXPRESS WARRANTY. FRANKLIN SHALL
NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT
NOT LIMITED TO LOST PROFITS, LOST DATA, DAMAGES TO
PROPERTY OR DAMAGES FOR PERSONAL INJURY (BUT ONLY TO
THE EXTENT PERMITTED BY LAW)), RESULTING FROM THE
MANUFACTURE, SALE OR USE OF THE HARDWARE PRODUCTS
UNDER ANY LEGAL THEORY, INCLUDING THE BREACH OF ANY
EXPRESS OR IMPLIED WARRANTY OR CONTRACT OR TORT.
UNLESS OTHERWISE CONTRARY TO APPLICABLE LAW, FRANK-
LIN'S LIABILITY SHALL IN NO CASE EXCEED THE PRICE PAID
FOR THE HARDWARE PRODUCT CLAIMED TO BE DEFECTIVE.
This warranty shall not be applicable to the extent that the enforcement of
any provision may be prohibited by applicable law. This warranty gives you
specific rights, and you may also have other rights which vary from state to
state. Some states do not allow the exclusion or limitation of incidental or
consequential damages or limitation on how long an implied warranty may
last, so the above limitation or exclusion may not apply to you.
NINETY DAY (90 DAY) SOFTWARE PRODUCTS LIMITED
WARRANTY (U.S. only)
IMPORTANT: This is your software warranty for all software furnished by
Franklin with the product known as the REX PRO, and includes the True-
Sync Desktop for REX PRO software and software in the REX PRO card.
These products are called "the Software Products" in this warranty. Read
this warranty carefully.
Franklin Electronic Publishers, Inc. ("Franklin") warrants to the end user
that the Software Products will perform the operations described in the
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